Former Kiambu Governor Ferdinand Ndung'u Waititu has secured a KES53 million bank guarantee in his corruption case. This is a key requirement that greatly impacts the possibility of him being released from Kamiti Maximum Prison.

During a court session on Tuesday at the Nairobi Magistrates' Court where he appeared for the mention of his separate hate-speech case, the Principal Magistrate Rose Ndombi, acknowledged the existence of the bond terms and noted that Waititu could be released upon payment. However, the earlier bond terms in the hate-speech matter remain in place. 

"This court has no objection to the defendant being released on earlier issued bond terms, subject to his complying with the other terms of the bond issued by the court," Judge Ndombi said.

The ex-governor was convicted in February for failing to safeguard public funds. Consequently, he was ordered to either pay a KES53.5 million fine or serve 12 years in prison, which he has been serving since February this year while appealing for a bond review.

Notably, the ruling comes just over a month since the High Court denied his third bond review application. He sought the court to review his bond terms by substituting the KES53 million bank guarantee bond with cash deposits, but Justice Lucy Njuguna rejected his application.

“I will not vary those orders. Honestly, I did the best I could based on the material placed before me. You placed material that persuaded me, and I was gracious enough to grant those orders. That’s why I gave 120 days... It’s on that basis that I said no more fresh applications should be made so that we concentrate on the appeal and get it out of the way,” the judge stated.

The charge sheet shows that the hate-speech proceedings stem from allegations that Waititu uttered incendiary comments during a political gathering at Ruiru Stadium on September 29, 2024.

According to the prosecutors, the former county chief allegedly made remarks that targeted groups including hustlers, market vendors, boda boda operators, clergy, and teachers with an intention to incite tension and suggest potential violence against political leaders. 

The alleged conduct violates Section 94(1) of the Penal Code, which criminalises offensive behaviour likely to incite public disorder. Magistrate Ndobi scheduled the hearing of the hate-speech case for January 15, 2026.

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